USPTO Patents Application 09929121

APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.

22850 7590 06/10/2008 I

OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, P.C. I

1940 DUKE STREET khoshnoodi, nadia

ALEXANDRIA, VA 223 14 I

PAPER NUMBER

NOTIFICATION DATE | DELIVERY MODE
06/10/2008 ELECTRONIC

Please find below and/or attached an Office communication concerning this application or proceeding.

The time period for reply, if any, is set in the attached communication.

Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):

patentdocket@oblon.com
oblonpat@oblon.com
j gardner @ oblon. com

PTOL-90A (Rev. 04/07)

Advisory Action
Before the Filing of an Appeal Brief

Application No.

09/929,121

Applicant(s)

KISHIMOTO, TOYOAKI

NADIA KHOSHNOODI

Art Unit

2137

-The MAILING DATE of this communication appears on the cover sheet with the correspondence address —

THE REPLY FILED 08 April 2008 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.

1 . £3 The reply was filed after a final rejection, but prior to or on the same day as filing a Notice of Appeal. To avoid abandonment of this

application, applicant must timely file one of the following replies: (1 ) an amendment, affidavit, or other evidence, which places the
application in condition for allowance; (2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41 .31 ; or (3) a Request
for Continued Examination (RCE) in compliance with 37 CFR 1.114. The reply must be filed within one of the following time
periods:

a) CD The period for reply expires months from the mailing date of the final rejection.

b) K| The period for reply expires on: (1) the mailing date of this Advisory Action, or (2) the date set forth in the final rejection, whichever is later. In

no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.

Examiner Note: If box 1 is checked, check either box (a) or (b). ONLY CHECK BOX (b) WHEN THE FIRST REPLY WAS FILED WITHIN TWO

MONTHS OF THE FINAL REJECTION. See MPEP 706.07(f).
Extensions of time may be obtained under 37 CFR 1 .136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate extension fee
have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The appropriate extension fee
under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally set in the final Office action; or (2) as
set forth in (b) above, if checked. Any reply received by the Office later than three months after the mailing date of the final rejection, even if timely filed,
may reduce any earned patent term adjustment. See 37 CFR 1 .704(b).
NOTICE OF APPEAL

2. □ The Notice of Appeal was filed on . A brief in compliance with 37 CFR 41 .37 must be filed within two months of the date of

filing the Notice of Appeal (37 CFR 41 .37(a)), or any extension thereof (37 CFR 41 .37(e)), to avoid dismissal of the appeal. Since a
Notice of Appeal has been filed, any reply must be filed within the time period set forth in 37 CFR 41.37(a).
AMENDMENTS

3. n The proposed amendment(s) filed after a final rejection, but prior to the date of filing a brief, will not be entered because

(a) CH They raise new issues that would require further consideration and/or search (see NOTE below);

(b) EH They raise the issue of new matter (see NOTE below);

(c) n They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for

appeal; and/or

(d) D They present additional claims without canceling a corresponding number of finally rejected claims.

NOTE: . (See 37 CFR 1.116 and 41.33(a)).

4. □ The amendments are not in compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).

5. □ Applicant's reply has overcome the following rejection(s): .

6. □ Newly proposed or amended claim(s) would be allowable if submitted in a separate, timely filed amendment canceling the

non-allowable claim(s).

7. £3 For purposes of appeal, the proposed amendment(s): a) □ will not be entered, or b) ^ will be entered and an explanation of

how the new or amended claims would be rejected is provided below or appended.
The status of the claim(s) is (or will be) as follows:

Claim(s) allowed: .

Claim(s) objected to: .

Claim(s) rejected: 1. 3-13 .

Claim(s) withdrawn from consideration: .

AFFIDAVIT OR OTHER EVIDENCE

8. □ The affidavit or other evidence filed after a final action, but before or on the date of filing a Notice of Appeal will not be entered

because applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and
was not earlier presented. See 37 CFR 1.1 16(e).

9. □ The affidavit or other evidence filed after the date of filing a Notice of Appeal, but prior to the date of filing a brief, will not be

entered because the affidavit or other evidence failed to overcome all rejections under appeal and/or appellant fails to provide a
showing a good and sufficient reasons why it is necessary and was not earlier presented. See 37 CFR 41 .33(d)(1 ).

1 0. □ The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
REQUEST FOR RECONSIDERATION/OTHER

1 1 . The request for reconsideration has been considered but does NOT place the application in condition for allowance because:
See Continuation Sheet.

12. □ Note the attached Information Disclosure Statements). (PTO/SB/08) Paper No(s).

13. □ Other: .

/Emmanuel L. Moise/ /Nadia Khoshnoodi/

Supervisory Patent Examiner, Art Unit 2137 6/5/2008

U.S. Patent and Trademark Office
PTOL-303 (Rev. 08-06)

Advisory Action Before the Filing of an Appeal Brief

Part of Paper No. 20080604

Continuation Sheet (PTO-303)

Application No. 09/929,121

Continuation of 1 1 . does NOT place the application in condition for allowance because: Applicants contend, Dwek "fails to teach or suggest that a user
is presented with a recommended menu including 'a plurality of official site access information for accessing predetermined content providing servers'."
Examiner respectfully disagrees. Dwek teaches that each user is presented with sites allowing the user to access music in a variety of ways (col. 4, lines
46-52 and lines 61-64). Dwek further teaches that the online music system includes different types of channels (col. 10, lines 4-20). Thus, Dwek
teaches presenting an interface with a menu that includes various types of channels allowing the user access to music via song file servers/online music
database. Applicants further contend that Dwek fails to teach the "receiving" and "registering" limitations. Examiner respectfully disagrees. Dwek
teaches that the user may create a particular playlist using the music player/media that is resident on that particular user's computer and via the user-
defined channel (col. 5, lines 9-20 and col. 9, lines 19-30). Once the playlist is created it may be shared with other users, i.e. received by other users at
their particular music player resident on their machines, and is listed under the user-defined tab (col. 9, lines 32-45 and col. 10, lines 21-47).
Furthermore, since Dwek teaches that the user-defined channel keeps track of the user's musical preferences and separates them into various channels
which can be selected in the channel selection box, this is equivalent to registering the official site with the personalized menu including songs that have
been added as falling under the user's musical preferences (col. 10, lines 13-67). Thus, Dwek also teaches the "receiving" and "registering" steps.
Therefore, it is the Examiner's conclusion that the claims, as presented, are not patentably distinct from the prior art of record.

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